Is EAD must activated before H1-B expires

[Madhavannri]

Hi,
&nbsp &nbsp &nbsp &nbsp I am Madhavan. I filed my I-485 in October 2001. Same time, I also applied for my wife EAD, which she got in Jan 2002. EAD was issued for 1 year which is till Jan 2003.Before EAD she was in H1-B visa which is valid till FEB 2002.

1) If she does not want to work on EAD, still she need to apply H1-B extension also ?? She did not work on H1-B previously, hence we don’t have any pay slips for her ( I guess for H1-B extension pay slips are must).

2) We are expecting FP within 2 months, that time is it a problem, if she won’t work on EAD and her H1-B is expired.

Finally, Is it compulsory to work on EAD to make it active or not necessary. Please help me. I can’t take any risks as I was waiting for this from last 5 years. I appreciate your response. Thanks a lot.

[boardReader]

1. If she is planning to work in h1, then she needs to apply for extension. If she is content working in EAD then no need. If it is status you are worried about , AOS is a valid status only for taking up an employment do you need H1 or EAD. :b

2. No

3. No. It is not compulsory like H1. Either you can work or not work. The conditions apply only to the primary applicant of the adjustment case

[jl1029jl]

?

Is EAD must activated before or afetr using AP

[boardReader]

Re: ?

Based on your condition if you use one you start using the other that is all. That is if you use EAD the next time you cross the border (coming in) you should use AP. Similarly if you use AP at the POE then you should start using EAD for employment - until you get 485 approved...